Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court may issue commission U.O.26.R.9 CPC where local investigation is required for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not merely with regard to possession, but pertains to identification and demarcation of their respective shares - Both sides are asserting possession over different portions of same khasra number and controversy essentially revolves around exact demarcation of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Once JD in pursuance of order allowing appointment of local commissioner appeared before Local commissioner and made her submissions, she was estopped from assailing the same after report was submitted by said Local Commissioner - Order of appointment of Local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Objections filed at the instance of JD to report of Local Commissioner were dismissed - Appointment of local Commissioner is merely for the purpose of assistance to Court and its relevance need to be discussed and deliberated upon during course of proceedings on..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3, , Section 151, Limitation Act, 1963, Article 122 -- Compromise - Suit dismissed as withdrawn - Restoration of suit - Dismissal of suit as withdrawn is akin to dismissal of suit for want of prosecution - Limitation for filing application for restoration of such suit is 30 days...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit dismissed as withdrawn - Seven plaintiff never contested this fact - Their silence over such a material issue for over two decades supports the inference of a concluded compromise - Unexplained delay of over two years by two applicants suggest that restoration..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Appointment of Local Commissioner is always to ascertain state of affairs and is not an adjudication of matter - Adjudication has to be done by Court before whom matter is pending and Local Commissioner would only prepare report on state of affairs...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No rights are determined merely with appointment of a Local Commissioner and submission of his report...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local commissioner can only ascertain things as they exist on site as per averments made in plaint and written statement - Whether there is an encroachment or not would be exclusive domain of Court...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Not filed with leave of Court - Such replication cannot be considered as part of pleadings - Permission granted to withdraw such replication - No interference in order warranted - However, defendant shall be at liberty to confront plaintiff based on statement, if any, made in the replica in question...........
